HomeMy WebLinkAbout2015-11-17
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD NOVEMBER 17, 2015
MEMBERS PRESENT:
Messr. A. Head, Ms. J. Meader and Ms. P. Kohli.
OFFICIALS PRESENT:
Ms. J. von Westerholt, Senior Planner; Mr. G. Stevenson, Senior Planner,
Mr. D. Seller, Traffic & Parking Analyst; Ms. S. Parks, Heritage Planner; Ms.
D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative
Clerk.
Mr. A. Head, Vice-Chair, called this meeting to order at 10:06 a.m.
MINUTES
Submission Nos.: B 2015-053, A 2015-074 and A 2015-075
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the minutes of the October 20, 2015 Committee of Adjustment meeting be amended to clarify the
position of Ms. J. Meader, noted on page 287 of the minutes, regarding applications B 2015-053, A
2015-074 and A 2015-075 - 81 Grand Hill Drive. She indicated that the majority of the concerns raised
by the neighbours were in regards to views, privacy and property values. She noted that privacy issues
have not been proven, views across private property are not protected, and property value is not a
concern that can be considered under the Planning Act.
Carried
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the minutes of the regular meeting of the Committee of Adjustment held October 20, 2015, as
mailed to the members, and amended, be accepted.
Carried
NEW BUSINESS
MINOR VARIANCE
Submission No.:
1. A 2015-076
Applicant:
Carey Homes Inc.
Property Location:
165 Eaglecrest Street
Legal Description:
Lot 147, Registered Plan 58M-512
Appearances:
In Support: K. McMahon
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a covered
deck in the rear yard of an existing single detached dwelling having a rear yard setback of
4.319m (14.169’) rather than the required 7.5m (24.606’).
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
1.A 2015-076 (Cont’d)
The Committee considered the report of the Planning Division, dated November 6, 2015, advising
that the subject property located at 165 Eaglecrest Street is zoned Residential Size (R-6) in the
Zoning By-law 85-1 with Special Regulation 306R and 307R and designated Low Rise
Residential in the City’s Official Plan. The owner is proposing to construct a covered deck
attached to the existing single-detached dwelling, which will extend into the rear yard. Therefore,
the owner is seeking relief from Section 40.2.2 to reduce the rear yard setback from 7.5 metres to
4.1 metres to allow for the covered deck.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed
variance meets the intent of the Official Plan which encourages a range of housing forms that
achieve an overall low density neighbourhood. The minor change will maintain the low density
character of the property and surrounding neighbourhood. The proposed variance conforms to
the designation and it is staff’s opinion that the requested variance is appropriate.
The requested variance to reduce the rear yard setback from the required 7.5 metres to 4.1
metres meets the intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide
amenity area in the rear yard. The reduction of 3.4 metres from the required 7.5 metres is minor,
as the proposed 4.1 metre rear yard setback will continue to provide sufficient amenity space in
the rear yard.
The variance is considered minor. The proposed covered deck will not extend the entire width of
the house, therefore staff is of the opinion that the requested variance will maintain sufficient
amenity space in the rear yard and will not present any significant impacts to adjacent properties
or the overall neighbourhood.
The proposed variance is appropriate for the development and use of the land as the existing
residential use is permitted in the Zoning By-law. The scale, massing and height of the covered
deck will not negatively impact the existing character of the subject property or surrounding
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 30, 2015, advising that they have no concerns with this application.
Ms. K. McMahon was in attendance in support of the subject application and the staff
recommendation.
Mr. J. Meader requested an amendment to Condition 2 of the staff recommendation to ensure
approval is given to the rear yard setbacks as per the survey sketch and elevations drawings
submitted with the application. Ms. McMahon advised she had no objections to the proposed
amendment.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Carey Homes Inc. requesting permission to construct a covered deck in
the rear yard of an existing single detached dwelling having a rear yard setback of 4.1m
(13.451’) rather than the required 7.5m (24.606’), on Lot 147, Registered Plan 58M-512, 165
BE APPROVED
Eaglecrest Street, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall obtain a Building Permit for the proposed covered deck by June 1,
2016.
2. That the reduced rear yard setback applies only to the covered deck, as shown on the
Sketch for Minor Variance Plan, dated October 19, 2015, prepared by Guenther Rueb
Surveying, and the design plans dated July 2015, prepared by Orchard Design Studio
Incorporated, submitted with the application.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
1.A 2015-076 (Cont’d)
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
Submission No.:
2. A 2015-077
Applicant:
2335945 Ontario Inc.
Property Location:
445 King Street West
Legal Description:
Part Lots 19 to 21, Plan 375, being Parts 1 and 4 on Reference Plan
58R-10211
Appearances:
In Support: M. Maxwell
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to locate 236 sq.m.
(2540.283 sq.ft) of non-residential use on an upper floor on an existing Mixed-use residential /
retail building whereas the By-law does not permit commercial uses beyond the ground floor.
The Committee considered the report of the Planning Division, dated November 6, 2015, advising
that the subject property located at 445 King Street West is designated Warehouse District and
Special Policy 51 in the City’s Official Plan, and zoned Warehouse District Zone (D-6) with
Special Use 428U and Special Regulation 626R in Zoning By-law 85-1. The lands are to be
developed with a 20-storey mixed-use building, which is currently under construction. The
building will contain 212 residential units and 472 square metres of commercial space on the
ground floor, as per site plan SP13/029/K/HH. The owners are proposing to provide an additional
236 square metres of non-residential space on upper floors, and as such are requesting relief of
Special Regulation 626R, which restricts the location of non-residential uses to the ground floor.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The subject property is designated Warehouse District and Special Policy 51 in the City’s Official
Plan. The proposed variances meet the intent of the Official Plan, which envisions the site as a
prominent entrance to Downtown Kitchener through the development of a high rise residential
tower above a podium that addresses the public realm along King Street West and Victoria Street
South. Retail and other active uses are encouraged along the ground floor of the King Street
West and Victoria Street South frontages.
The proposal maintains the intent to provide retail uses on the ground floor, as the purpose of the
variance is to allow non-residential uses on upper floors in addition to the ground floor, thus
ensuring the mix of uses for the site. As such it is the opinion of staff that the proposed variance
conforms to the designation and is appropriate.
The requested variance to permit non-residential uses on floors above the ground floor meets the
intent of the Zoning By-law. The intent of this provision in Special Regulation 626R is to separate
the residential and non-residential areas of the building. The proposed areas are isolated from the
residential areas, therefore neighbouring residents will not be impacted. As such, staff is satisfied
the proposed variance meets the intent of the Zoning By-law. Also, this development is intended
to have a mix of land uses and this will achieve that planning objective.
The variance can be considered minor as the request is to permit small scale non-residential
uses on upper floors in addition to the non-residential uses planned for the ground floor. Given
the scale of the proposed non-residential space, staff is satisfied the request will not present any
significant impacts to adjacent properties or the overall neighbourhood.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
2.A 2015-077 (Cont’d)
The proposed variances are appropriate for the development and use of the land as the proposed
non-residential uses are permitted in the Zoning By-law. No changes are proposed to the scale,
massing and height of the building, therefore the proposed non-residential space on the upper
floors will not negatively impact the existing character of the subject property or surrounding
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 30, 2015, advising that they have no concerns with this application.
Mr. M. Maxwell was in attendance in support of the subject application and the staff
recommendation. He noted the variance is to approve office space located on the second and
third floors whereas the By-law restricts commercial space to the ground floor level. He circulated
site plans of the second and third levels, dated June 3, 2013 to demonstrate the location of the
proposed office spaces.
Ms. J. Meader expressed concerns with the recommendation as outlined in the staff report, noting
that the current recommendation would not restrict the applicant from establishing office space
beyond the second and third floors.
Mr. Maxwell noted he had no objections to an amendment that would restrict office use to the
second and third floors. He further advised the site is a registered condominium, and the
condominium agreement would further restrict the location of home-based businesses beyond
the requested approval.
A motion was brought forward by Ms. J. Meader to approve the recommendation as outlined in
the staff report with an amendment to approve the variance to permit 236 sq.m. (2540.283 sq.ft)
of non-residential use on the second and third floors.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of 2335945 Ontario Inc. requesting permission to locate 236 sq.m.
(2540.283 sq.ft) of non-residential use on the second and third floors of an existing Mixed-use
residential / retail building whereas the By-law does not permit commercial uses beyond the
ground floor, on Part Lots 19 to 21, Plan 375, being Parts 1 and 4 on Reference Plan 58R-
BE APPROVED
10211, 445 King Street West/1-15 Victoria Street South, Kitchener, Ontario, ,
subject to the following conditions:
1. That the owner shall obtain a Building Permit for the proposed non-residential units.
2. That the owner shall obtain a Zoning Occupancy Certificate.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
Submission No.:
3. A 2015-078
Applicant:
Alison Carden
Property Location:
6 Barwood Crescent
Legal Description:
Lot 4, Plan 1358
Appearances:
In Support: J. Palmerton
Contra: None
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
3.A 2015-078 (Cont’d)
Written Submissions: None
The Committee was advised that the applicant is requesting permission to legalize an existing
covered deck in the rear yard of an existing single detached dwelling having a rear yard setback
of 6.7m (21.981’) rather than the required 7.5m (24.606’).
The Committee considered the report of the Planning Division, dated November 9, 2015, advising
that the property is zoned Residential Four (R-4) and has an Official Plan designation of Low Rise
Residential.
The applicant is requesting a minor variance to legalize an existing covered deck located in the
rear yard of an existing single detached dwelling having a rear yard setback of 6.7 metres (21.981
ft) rather than the required 7.5 metres (24.606 ft).
Upon reviewing the file, staff noted that a Building Permit was issued in 2011 to convert the single
detached dwelling to a duplex dwelling. The applicant has confirmed that there are two dwelling
units in the building; therefore, staff recommends the request be amended to acknowledge the
use as a duplex dwelling rather than a single detached dwelling.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The variance meets the intent of the Official Plan. The intent of the Low Rise Residential
designation favours a mix of different forms of housing to achieve a low overall intensity of use.
The proposed one-storey covered deck maintains this intent.
The variance meets the intent of the Zoning By-law and can be considered minor for the following
reasons. The intent of the 7.5 metres (24.606 ft) setback for structures is to ensure that buildings
are a sufficient distance from neighbouring properties so that they do not negatively impact
neighbours and also to provide adequate backyard amenity space. The proposed variance to 6.7
metres (21.981 ft) is a reduction of 0.8 metre (2.624 ft) and will not impact the neighbouring
property to the rear, which is a cluster townhouse complex with a driveway that abuts the subject
property’s rear lot line. As well, a covered deck continues to provide outdoor amenity area for the
occupants of the building. Therefore both intents of the regulation are maintained.
The variance is appropriate for the development and use of the land based on the reasons noted
above. Staff is of the opinion that the proposed variance will not negatively impact the use of the
property nor the surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 30, 2015, advising that they have no concerns with this application.
Mr. J. Palmerton was in attendance in support of the subject application and the staff
recommendation.
Ms. J. Meader brought forward a motion to approve the subject application as outlined in the staff
report with an amendment to include two conditions: that approval of minor variance application A
2015-078 is as per the plans submitted with the application; and, that the owner shall obtain a
Building Permit from the City’s Building Division.
Ms. J. von Westherholt noted the staff recommendation did not include a condition requiring the
applicant to obtain a Building Permit because they have already begun that process. The Building
Division is unable to release the Permit until final approval of the variance is received and the
appeal period has expired.
Ms. Meader acknowledged although the applicant has already submitted their permit request, it
was still her preference to see that condition included as part of the Committee’s decision.
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
3.A 2015-078 (Cont’d)
That the application of Alison Carden requesting permission to legalize a covered deck in the
rear yard of an existing duplex having a rear yard setback of 6.7m (21.981’) rather than the
BE
required 7.5m (24.606’), on Lot 4, Plan 1358, 6 Barwood Crescent, Kitchener, Ontario,
APPROVED
, subject to the following conditions:
1. That approval of minor variance application A 2015-078 is as per the Plans submitted
with the application.
2. That the owner shall obtain a Building Permit from the City’s Building Division for the
covered deck.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
Submission No.:
4. A 2015-079
Applicant:
Milestone Developments Inc.
Property Location:
10 Grand Flats Trail
Legal Description:
Lot 52, Registered Plan 58M-575
Appearances:
In Support: P. Haramis
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
detached dwelling having a driveway located 7.55m (24.770') from the intersection of Grand Flats
Trail and Willow Run Drive rather than the required 9m (29.53').
The Committee considered the report of the Planning Division, dated November 4, 2015, advising
that the subject property located at 10 Grand Flats Trail is designated Low Rise Residential in the
City’s Official Plan and is zoned Residential Four Zone (R-4) in the City’s Zoning By-law. The
subject property is located at the intersection of Grand Flats Trail and Willow Run Drive and the
property currently contains no structures. The owner is requesting relief from section 6.1.1.1 b) iv)
of the Zoning By-law for a driveway to be located 7.55 metres from the intersection of the street
lines abutting a lot for a single detached dwelling, whereas the By-law requires 9 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variances:
The requested variance for the proposed location of the driveway to the intersecting street lines
meets the intent of the Official Plan. The Low Rise Residential designation recognizes the
existing scale of residential development and allows for modest alterations. The proposed
variance will permit a reduced setback of the driveway to the intersecting street lines for the
proposed townhouse dwelling. The minor change will maintain the low density character of the
property and surrounding neighbourhood.
The intent of the required 9 metre separation distance from the driveway to the intersection of the
street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staff’s opinion
that the 1.45 metre reduction is minor and will not impact the property or access to the
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
4.A 2015-079 (Cont’d)
intersection. Transportation Planning staff has also indicated that they have no concerns with the
requested reduction of 9.0 metres to 7.55 metres. The variance meets the intent of the Zoning
By-law.
The variance is considered minor as it is staff’s opinion that the proposed 7.55 metre setback
from the intersecting street lines allows for sufficient separation from the driveway and as such,
will not impact access or visibility to the intersection for vehicular and/or pedestrian traffic.
The variance is appropriate for the development and use of the land as it is staff’s opinion that the
requested variance will not impact the subject property, adjacent lands or abutting intersection.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 30, 2015, advising that they have no concerns with this application.
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
That the application of Milestone Developments Inc. requesting permission to construct a
single detached dwelling having a driveway located 7.55m (24.770') from the intersection of
Grand Flats Trail and Willowrun Drive rather than the required 9m (29.53'), on Lot 52,
BE APPROVED.
Registered Plan 58M-575, 10 Grand Flats Trail, Kitchener, Ontario,
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
Submission No.:
5. A 2015-080
Applicant:
Ben Eby Inc.
Property Location:
70 Ahrens Street West
Legal Description:
Part Lot 6, Plan 401
Appearances:
In Support: B. Eby
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to reconstruct a rear yard
addition on a single detached dwelling having a southerly side yard setback of 0.69m (2.263’)
rather than then existing 0.74m setback (2.42’); a northerly side yard setback of 0.68m (2.23’)
rather than the required 1.2m (3.93’); a rear yard setback of 5.46m (17.913’) rather than the
required 7.5m (24.606’); a lot area of 160.842 sq.m. (1731.289 sq.ft.) rather than the required 235
sq.m. (2529.519 sq.ft.); and, to have the required off-street parking space with dimensions of
2.55m (8.366’) wide by 4.05 (13.287’) depth, located 0m from the front lot line, whereas the By-
law requires the off-street parking to have dimensions of 2.6m (8.53’) wide by 5.5m (18.044’)
depth, to be located 6m (19.683’) from the front lot line.
The Committee considered the report of the Planning Division, dated November 9, 2015, advising
that the property is zoned Residential Five (R-4) with Special Use Provision 127U in By-law 85-1
and has a designation of Low Rise Residential-Preservation in the Civic Centre Secondary Plan
of the Official Plan (OP).
The applicant is requesting permission to reconstruct a rear yard addition on a single detached
dwelling having:
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
5.A 2015-080 (Cont’d)
1. a southerly (left) side yard setback of 0.69 metres (2.263 ft.) rather than the existing 0.74
metres setback (2.42 ft.);
2. a northerly (right) side yard setback of 0.68 metres (2.23 ft.) rather than the required 1.2
metres (3.93 ft.);
3. a rear yard setback of 5.46 metres (17.913 ft) rather than the required 7.5 metres (24.606
ft);
4. a lot area of 160.842 sq.m. (1731.289 sq.ft) rather than the required 235 sq.m. (2529.519
sq.ft); and,
5. to have the required off-street parking space with dimensions of 2.55 metres (8.366 ft)
wide by 4.05 metres (13.287 ft) depth and located 0 metres from the front line, whereas
the By-law requires an off-street parking space to have minimum dimensions of 2.6 metres
(8.53 ft) by 5.5 metres (18.044 ft) and to be located 6 metres (19.683 ft) from the front lot
line.
Upon further review by staff, and to clarify the variances requested, it is noted that the applicant’s
chart on page 3 of the application and his drawing are both correct in regards to the requested
side yard setbacks. However, the numbers for the required minimum measurements have been
reversed in box 1 of the application and this is what was translated to the variance request above.
Therefore, staff recommends that points 1 and 2 above be AMENDED as follows:
1. a southerly (left) side yard setback of 0.69 metres (2.263 ft) rather than the required 1.2
metres (2.42 ft) setback;
2. a northerly (right) side yard setback of 0.68 metres (2.23 ft) rather than the required
existing 0.74 metres (2.42 ft) setback.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
Rear yard Reconstructed Addition:
The variances for the side yard and rear yard reductions meet the intent of the Official Plan. The
intent of the Low Rise Residential – Preservation designation is “to retain the existing single
detached residential character of the neighbourhood. Existing houses and streetscapes are to be
preserved wherever possible.” The proposed reconstructed addition is located to the rear of the
original main portion of the house and therefore does not negatively impact the streetscape. The
variances meet the intent of the Official Plan.
The variances meet the intent of the Zoning By-law and can be considered minor for the following
reasons. The intent of the side yard and rear yard setbacks are to ensure that buildings are
located a sufficient distance from neighbouring structures in order not to negatively impact each
other. As well, the intent is to ensure that an adequate outdoor amenity area is available.
Although the proposed reconstructed addition will encroach 0.68 metres (2.23 ft) into the existing
northerly (right) side yard of 0.74 metres (2.42 ft), it is a minor encroachment of 0.06 metres (2.4
inches). The proposed setback will still maintain adequate separation from the neighbouring
property. The proposed building elevations for the addition indicate that no window or door
openings are to be created abutting this side lot line for the addition. It is also noted that most of
the proposed reconstructed addition is existing now and only a small extension into the northerly
(right) side yard is proposed. As well, there will continue to be an outdoor backyard amenity area
as shown on the submitted drawing. Staff is of the opinion that the intent of the Zoning By-law is
maintained.
Staff notes that the southerly side yard variance of 0.69 metres (2.263 ft) is for the original house.
The proposed reconstructed rear yard addition will have a southerly side yard setback of 1.35
metres (4.43 ft) which meets the minimum setback of 1.2 metres (3.97 ft).
The variance is appropriate for the development and use of the land. Based on the above
comments, staff is of the opinion that the proposed variances for the reconstructed rear yard
addition will not negatively impact the subject property nor the surrounding neighbourhood.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
5.A 2015-080 (Cont’d)
Parking Space:
The variances do not meet the intent of the Official Plan (OP). As noted above, the aim of the OP
designation is to preserve the existing houses and streetscape wherever possible. The location of
a reduced size parking space, where vehicles will likely overhang City land, including the
sidewalk, does not meet this goal.
The variance does not meet the intent of the Zoning By-law. The intent of the minimum parking
space size and setback requirements is to ensure that there is an adequate location for the
parking of vehicles. A proposed parking space with a depth of 4.05 metres (13.287 ft) rather than
the minimum 5.6 metres (18.044 ft) ultimately means that most vehicles will encroach onto City
lands, including the sidewalk. Traffic, Planning and Legal staff are not in support of any
encroachment because it creates not only a streetscape concern, but a safety concern.
Heritage Planning staff have advised that they do not support the approval of the parking setback
in order to provide one parking space in the front yard because it does not conform to the
recommendations of the Civic Centre Neighbourhood Heritage Conservation District Plan.
The variance is not appropriate for the subject property or surrounding streetscape. As noted
above, permitting a reduced parking space size and reduced setback in front of the subject
building does not meet Planning, Traffic or Heritage Planning regulations/guidelines. Staff is of
the opinion that the safety and streetscape impact of the proposed parking space would
negatively impact the property and surrounding neighbourhood.
Based on the above comments, Planning staff recommends that the application be approved in
regards to the rear yard addition variances and refused in regards to the parking variances.
Building Comments:
The Building Division has no objections to the proposed variance. A Building Permit for the
proposed rear yard roof structure has been applied for. No work is to proceed until C of A is
approved and permit is issued.
Traffic Comments:
The proposed parking space width (2.55 metres) and length (4.05 metres) does not meet the
Zoning By-law requirement of 2.60 metres by 5.50 metres. The required parking space length of
5.50 metres for the proposed parking space would encroach onto approximately fifty percent of
the City sidewalk and creates an obstructed travel path for pedestrians, which is a safety concern.
Therefore, Transportation Services will not support the requested variance.
Engineering Comments:
No concerns.
Heritage Planning Comments:
The subject property is located in the Civic Centre Neighbourhood Heritage Conservation District,
which is designated under Part V of the Ontario Heritage Act. The Civic Centre Neighbourhood
Heritage Conservation District Plan contains recommendations regarding parking issues.
The proposed front yard parking space is not in compliance with the Civic Centre Neighbourhood
Heritage Conservation District Plan, specifically section 7.4.4 – Vehicle Parking:
“The Civic Centre Neighbourhood was developed during a time when the automobile was
much less important, and factored into urban design in a much less significant way than it
does today. . . There are examples of one, or often two or more vehicles parked in the
area that would historically have been lawn. Ideally, there would be no vehicles within
these spaces in the study area, as the prominence of the vehicles in the front yard detracts
from the heritage character of the built form, and from the quality of the streetscape in
general.
To address parking issues as they relate to the Civic Centre HCD, the following
recommendations are made:
• Continue to encourage parking to the side or rear lot areas, rather than in front
yards or boulevards.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
5.A 2015-080 (Cont’d)
• Where parking in the front yard is unavoidable, parking areas should be screened
with low hedges or fences. Hard surface area should be kept to a minimum by
paving only the area required for tire tracks, rather than the entire parking area.
Where possible, permeable types of paving should be employed, such as gravels,
or permeable paving stones, to maximize infiltration of stormwater, particularly
when in close proximity to mature trees.”
While Heritage Planning staff does support the variance for side and rear yard setbacks in order
to construct a rear addition, staff do not support the approval of the parking setback in order to
provide one parking space in the front yard because it does not conform to the recommendations
of the Civic Centre Neighbourhood Heritage Conservation District Plan.
Should the Committee of Adjustment choose to approve the variance for the parking setback,
Heritage Planning staff recommends the following condition:
a. The hard surface area should be kept to a minimum by paving only the area required for
tire tracks, rather than the entire parking area.
Environmental Planning Comments:
Any trees, especially in shared ownership (at the rear of the lot), should be considered for
protection when any construction occurs, including the future deck, feature wall, planter bed and
storage shed.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 30, 2015, advising that they have no concerns with this application.
Mr. B. Eby was in attendance in support of the subject application. He noted he was in support of
the recommendation pertaining to the variances required for the reconstruction of the addition,
but was in opposition to the recommendation for the requested off-street parking space. He
circulated correspondence, including 5 images, outlining the concerns noted in the staff report
regarding the proposed parking and why, in his opinion, the variances for the parking space
should be approved.
Mr. Eby stated the staff report addressed two concerns related to the proposed parking space,
including: the interference with the existing Heritage streetscape and technical concerns due to
the provided length of the parking space. He referenced Figures 1 and 2 of his submission, noting
that he was prepared to screen the parking space on both sides and provide as minimal hard
surface as possible to accommodate the Heritage comments as outlined in the Report. He
referenced Figures 2, 4 and 5, advising that the length of the proposed off-street parking space
would accommodate a smaller vehicle. Mr. Eby indicated that he would be prepared to enter into
an encroachment agreement with the City for the portion of the parking space that straddled the
property line. In addition, he advised that he would also be prepared to provide signage to
indicate the space is intended for small car parking only.
Mr. Eby referenced the staff report where it was indicated should the Committee of Adjustment
choose to approve the variance for parking setback, Heritage Planning staff recommends the
following condition: the hard surface area should be kept to a minimum by paving only the area
required for tire tracks, rather than the entire parking area. He indicated he would be in support of
that recommendation.
The Chair noted he had concerns with the proposed variances for the proposed off-street parking
space on the subject property. He indicated the City does not have an enforcement mechanism
preventing future property owners from purchasing an over-sized vehicle. He commented that
consideration would also need to be given to potential issues related to winter maintenance and
snow clearing. He further advised he would also have concerns with a potential approval
precedence, noting that Figure 2 in the circulated document clearly demonstrates an average
sized car over-hanging the property line.
Ms. J. Meader advised that she had similar concerns as already expressed by the Chair
regarding the variances for the off-street parking space.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission No.:
5.A 2015-080 (Cont’d)
A motion was brought forward by Ms. J. Meader to approve the recommendations for the rear
yard addition and to refuse the variances for the off-street parking spaces as outlined in the staff
report.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Ben Eby Inc. requesting permission to have the required off-street
parking space with dimensions of 2.55m (8.366’) wide by 4.05 (13.287’) depth, located 0m
from the front lot line, whereas the By-law requires off-street parking to have dimensions of
2.6m (8.53’) wide by 5.5m (18.044’) depth, to be located 6m (19.683’) from the front lot line, on
BE REFUSED.
Part Lot 6, Plan 401, 71 Ahrens Street West, Kitchener, Ontario,
It is the opinion of this Committee that:
1. The variances requested in this application are not minor.
2. This application is not desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is not being maintained on the subject property.
- and -
That the application of Ben Eby Inc. requesting permission to reconstruct a rear yard addition
on a single detached dwelling having a southerly side yard setback of 0.69m (2.263’) rather
than the required 1.2m (3.93’) setback; a northerly side yard setback of 0.68m (2.23’) rather
than the required 1.2m (3.93’); a rear yard setback of 5.46m (17.913’) rather than the required
7.5m (24.606’); and, a lot area of 160.842 sq.m. (1731.289 sq.ft.) rather than the required 235
BE
sq.m. (2529.519 sq.ft.), on Part Lot 6, Plan 401, 71 Ahrens Street West, Kitchener, Ontario,
APPROVED
, subject to the following condition:
1. That the owner shall construct the proposed rear addition in accordance with the
drawing submitted with the application.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
CONSENT APPLICATIONS:
Submission No.:
1. B 2015-054
Applicant:
Estate of David Schmidt
Property Location:
44 Martin Street
Legal Description:
Part Lot 11, Registered Plan 280, Part of Lot 235, German Company
Tract
Appearances:
In Support: S. O’Neill
Contra: A. Bakale
Written Submissions: None
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 301 -
Submission No.:
1. B 2015-054 (Cont’d)
The Committee was advised that the applicant is requesting permission to sever a parcel of land
having a width of 13.81m (45.308’), a depth of 22.65m (74.212’), and an area of 310 sq.m.
(3336.813 sq.ft.). The retained land will have a width of 15.46m (50.721’), a depth of 22.95m
(75.295’), and an area of 353 sq.m. (3799.66 sq.ft.). Both parcels are intended for residential use.
The Committee considered the report of the Planning Division, dated November 6, 2015, advising
that the subject property is located on the northeast side of Martin Street between Peter Street
and Benton Street in the Mill Courtland Woodside Park Planning Community. The property
contains a one-and-a-half storey single detached dwelling constructed in approximately 1938 and
possesses a large, undeveloped side yard. The surrounding neighbourhood is composed of
mainly single detached dwellings that were built in the early 1900s. The abutting property to the
northwest contains several buildings used for commercial businesses. Lots within this
neighbourhood have a rich blend of shapes and sizes and building architecture is quite varied.
The subject lot possesses 29.3 metres of frontage on Martin Street, a depth ranging between
22.4 and 23.0 metres, and an area of 663 square metres. The property is designated Low Rise
Conservation in the Mill Courtland Woodside Park Secondary Plan and is zoned Residential Five
(R-5).
The applicant is requesting consent to create a new lot with 13.8 metres of frontage on Martin
Street, a depth ranging between 22.4 metres and 22.7 metres, and an area of 310.0 square
metres. The retained lot would have 15.46 metres of frontage on Martin Street, a depth ranging
between 22.7 metres and 23.0 metres, and an area of 353 square metres. The purpose of the
application is to allow the construction of a duplex on the new lot. The retained lot would contain
the existing single detached dwelling.
The Low Rise Conservation designation section of the Official Plan states that:
“The intent of the Low Rise Conservation designation is to retain the existing low rise, low
density, primarily detached housing stock while simultaneously allowing a slight density
increase by permitting conversion or redevelopment to a maximum of three dwelling units.
Permitted uses are restricted to single-detached dwellings, semi-detached dwellings,
duplex dwellings, multiple dwellings to a maximum of three dwelling units, small lodging
houses, small residential care facilities, home businesses and private home day care.”
The subject application would facilitate a slight density increase by allowing infill development at a
low density. Planning staff is of the opinion the severance sketch conforms to the Official Plan.
Both the severed and retained lots and their intended future uses comply with the Zoning By-law,
noting that Section 5.15.1a) fully legalizes (and will continue to legalize after the consent is
granted) certain yards on the retained lands that would otherwise be deficient.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, staff offers the following comments.
Section 5.2 of the Zoning By-law states that “No lot shall have built upon it, a building for any
purpose in any zone unless the lot abuts a street.” To meet the definition of a street, a public
highway must have a minimum right-of-way width of 12.19 metres (40 feet). The purpose of this
regulation is to ensure that emergency services and other municipal services can be adequately
provided to the abutting development and to ensure orderly development.
Through the review of the subject application, Planning staff determined that Martin Street,
though a public highway, does not meet the Zoning By-law definition of a street because it is only
9.1 metres wide. As such, relief from the Zoning By-law is necessary to be able to support the
consent application.
The applicant was notified by staff of the need for a variance application through the review of the
subject consent application. The applicant has submitted such an application for minor variance
for discussion at the December 8, 2015 Committee of Adjustment meeting. A preliminary review
indicates that City departments having an interest in this application include Planning, Fire,
Building, Engineering, and Transportation Services, none of which have concerns with allowing
the creation of a new lot fronting onto Martin Street.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 302 -
Submission No.:
1. B 2015-054 (Cont’d)
Through the formal review of the minor variance application, acceptability of the road width will be
confirmed. In the meantime, Planning staff is comfortable supporting the consent application on
the condition that the minor variance application is approved.
Planning staff is of the opinion that the severed and retained lots are suitable for the proposed
and existing uses. Both lots would possess adequate municipal water, sewage, and storm water
services. Both severed and retained lots themselves would comply with the Zoning By-law. In
addition, the dimensions and shapes of the parcels are appropriate.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 6, 2015, noting the following comments regarding this
application:
At this location the proposed development may encounter environmental noise sources (Traffic)
as it is located within 200 metres of Regional Road 53 (Courtland Avenue East) to the east.
Additionally, the proposed development may encounter stationary noise due to the automobile
repair shop located at 63 Courtland Ave. E.
Regional staff have no objection to this application subject to the following condition:
1. That prior to final approval, the applicant will enter into a registered agreement with the
Region of Waterloo to include a provision for air conditioning and the following warning
clause in all agreements of purchase and sale and/or rental agreements (for the severed
parcel):
“Purchasers/tenants are advised that sound levels due to increasing road traffic on
Courtland Avenue East may occasionally interfere with some activities of the
dwelling occupants as the levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment; and,”
“Prospective purchasers and tenants are advised that due to the proximity of the
adjacent automotive repair shop, noise from this facility may at times be audible.”
Mr. S. O’Neill was in attendance on behalf of the subject application and noted he was in support
of the staff recommendation.
Ms. J. Meader referenced Condition 3 of the staff recommendation and questioned whether the
Committee should consider deferring the application until the required minor variance application
is submitted. Ms. J. von Westherholt advised that deferring the application would require the
applicant to pay an additional fee. She noted by requiring the applicant to submit a variance
application as a condition of the consent application, the applicant must fulfill the condition within
one year or the consent will lapse and the approval will become null and void.
Ms. A. Bakale advised that she is a neighbouring property owner and noted that she did not have
any direct concerns with the severance of the lot. She expressed concerns with the increased
density of a multiple residential dwelling and potential aesthetics of the new structure and whether
it would be compatible with the surrounding neighbourhood.
Ms. von Westherholt advised that the current Zoning on the property would permit the applicant to
construct a multi-residential dwelling to a maximum of three dwelling units. In response to
questions, Mr. O’Neill advised that his intention is to construct a duplex on the vacant parcel.
Ms. von Westerholt noted the concerns raised by the neighbour regarding the aesthetics and
whether the new dwelling will be compatible with the surrounding neighbourhood, indicating staff
will work with the applicant on the proposed design. She added as a potential amendment for
Condition 9 of the staff recommendation, to require the applicant to submit elevation drawings as
part of that Condition, if it would assist in alleviating the concerns raised by the neighbour. Mr.
O’Neill advised that he had no objection to the proposed amendment as outlined by staff.
Ms. Meader noted the conditions requested from the Region of Waterloo and requested that they
be included as part of the Committee’s decision.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 303 -
Submission No.:
1. B 2015-054 (Cont’d)
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
That the application of the Estate of Carol Freund requesting permission to sever a parcel of
land having a width of 13.81m (45.308’), a depth of 22.65m (74.212’), and an area of 310
sq.m. (3336.813 sq.ft.), on Part Lot 11, Registered Plan 280, Part of Lot 235, German
BE GRANTED
Company Tract, 44 Martin Street, Kitchener, Ontario, , subject to the following
conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement
charges.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as
two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City’s Mapping Technologist.
3. That the owner shall submit and receive final approval of a minor variance application,
granting permission for a residential building to be constructed on the severed lot, which
abuts a public highway having a width of 9.1 metres, whereas the Zoning By-law
requires a lot to abut a street, as defined by the Sections 4 and 5.2 of the Zoning By-
law, having a minimum width of 12.19 metres.
4. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park
dedication in the amount of $6,352.60, which is equal to 5% of the value of the lands to
be severed.
5. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the severed
lands.
6. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed lands and retained
lands, or otherwise receive relief from Engineering Services from this requirement.
7. That the owner shall prepare a Servicing Plan showing outlets to the municipal servicing
system to the satisfaction of Engineering Services, prior to endorsement of the deed for
the severed lands.
8. That the owner shall complete and submit the Development and Reconstruction As-
Recorded Tracking Form along with a digital submission of all AutoCAD drawings
required for the site (Grading, Servicing etc.) with the corresponding correct layer
names and numbering system, in accordance with the Public Sector Accounting Board
(PSAB) S. 3150, to the satisfaction of the City’s to Engineering Services, prior to
endorsement of the deed for the severed lands.
9. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed lands which shall include the
following:
a. That prior to any grading or the application or issuance of a Building Permit, the
owner shall submit a plan, prepared by a qualified consultant, to the satisfaction
and approval of the City’s Director of Planning showing:
(i) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
(ii) the elevation drawings of the proposed dwelling;
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 304 -
Submission No.:
1. B 2015-054 (Cont’d)
(iii) the location of any existing buildings or structures to be removed or
relocated;
(iv) the proposed grades and drainage;
(v) the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition;
(vi) justification for any trees to be removed; and
(vii) outline tree protection measures for trees to be preserved.
b. That any alteration or improvement to the lands including grading, tree removal
and the application or issuance of any building permits shall be in compliance
with the approved plan. Any changes or revisions to the plan require the approval
of the City’s Director of Planning.
10. The owner shall make arrangements, financial or otherwise, for the relocation of any
existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires
or lines, as required, to the satisfaction of the appropriate City department.
11. That the owner shall enter into a registered agreement, for the severed parcel, with the
Region of Waterloo to include provision for air conditioning and the following warning
clause in all agreements of purchase and sale and/or rental agreements:
“Purchasers/tenants are advised that sound levels due to increasing road traffic
on Courtland Avenue East may occasionally interfere with some activities of the
dwelling occupants as the levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment.”; and,
“Prospective purchasers and tenants are advised that due to the proximity of the
adjacent automotive repair shop, noise from this facility may at times be audible.”
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 17, 2017.
Carried
Submission No.:
2. B 2015-055
Applicant:
John and Edith Guichelaar
Property Location:
42 Daniel Avenue
Legal Description:
Part Lot 6, Plan 675
Appearances:
In Support: J. Guichelaar
A. Trabulsi
J. Palmerton
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 305 -
Submission No.:
2. B 2015-055 (Cont’d)
Contra: None
Written Submissions: None
The Committee was advised that the applicants are requesting permission to sever a parcel of
land having a width on Daniel Avenue of 21.946m (72’), a depth on Schweitzer Street of 22.827m
(74.89’), and an area of 500.96 sq.m. (5392.289 sq.ft.). The retained land will have a width on
Daniel Avenue of 20.924m (68.648’), a depth of 22.827m (74.891’), and an area of 477.63 sq.m.
(5141.167 sq.ft.). Both parcels are intended for residential use.
The Committee considered the report of the Planning Division, dated November 6, 2015, advising
that the subject property is located at the northwest corner of Daniel Avenue and Schweitzer
Street, within the Bridgeport East Planning Community. The property contains a single detached
dwelling (raised bungalow) constructed in approximately 1970 and possesses a large,
undeveloped side yard abutting Schweitzer Street. The surrounding neighbourhood is composed
mainly of single detached dwellings, with some semi-detached dwellings, and other low density
residential uses. Buildings within this neighbourhood were constructed over a wide time range.
The lot sizes vary drastically within the immediate neighbourhood, from approximately 420 square
metres to over 6000 square metres. The subject lot possesses 42.9 metres of frontage on Daniel
Avenue and 22.8 metres of frontage on Schweitzer Street, with a total lot area of 978.6 square
metres.
The property is designated Low Rise Residential in the official plan and is zoned Residential
Three (R-3). The property is designated Residential – Infilling Low Density in the Bridgeport East
Community Plan.
The applicants are requesting consent to create a new lot with 22.8 metres of frontage on
Schweitzer Street and 21.9 metres of frontage on Daniel Avenue, with a lot area of 501.0 square
metres. The retained lot would possess 20.9 metres of frontage on Daniel Avenue, a depth of
22.8 metres, and a lot area of 477.6 square metres. The purpose of the application is to allow the
construction of a duplex on the new lot. The retained lot would contain the existing single
detached dwelling.
The Low Rise Residential designation section of the Official Plan states that:
Low Rise Residential Districts shall accommodate a full range of housing types. In these
districts the City favours the mixing and integration of different forms of housing to achieve
a low overall intensity of use.
The subject application proposes to create a new lot that is intended to be developed with a
duplex. In an area that predominantly contains single detached dwellings, the subject area would
benefit from the development of a duplex. Planning staff is of the opinion that that severance plan
conforms to the official plan.
The community plan, which is intended to be a guiding document but is not recognized under the
Planning Act and is not legally binding, states in the Residential – Infilling Low Density
designation section that:
New single detached residential lots shall be permitted by way of severance or plan of
subdivision on an infilling basis provided that no lot width shall be less than 15 metres.
New semi-detached or duplex dwellings shall not be permitted, however, existing semi-
detached and duplex dwellings will be recognized.
The Zoning By-law, which is recognized as a legal document having more authority than a
community plan, permits duplexes. In addition, both the severed and retained lots would comply
with the Zoning By-law.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, staff offers the following comments. The severed and retained lots are
suitable for the proposed and existing uses. Both lots would possess frontage on established
public streets that provide adequate municipal water, sewage, and storm water services. Both
severed and retained lots would comply with the Zoning By-law in every respect. In addition, the
dimensions and shapes of the parcels are appropriate.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 306 -
Submission No.:
2. B 2015-055 (Cont’d)
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 6, 2015, advising that they have no objection to the subject
application.
Ms. J. Meader reference the Plan submitted with the application and requested clarification on the
retaining wall and its function, as it appears that it is currently straddling the proposed property
line for the new lot. Mr. Palmerton advised that the retaining wall currently supports the driveway
for the dwelling on the retained lands. He noted his intention is to remove the retaining wall and
hopefully remove the requirement for the wall in its entirety.
The Chair suggested that a Condition be added to the Committee’s recommendation requiring
the applicant to remove or relocate the existing retaining wall solely to the retained lands and
provide appropriate grading to the satisfaction of the Chief Building Official and Director of
Engineering.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of John and Edith Guichelaar requesting permission to sever a parcel of
land having a width on Daniel Avenue of 21.946m (72’), a depth on Schweitzer Street of
22.827m (74.89’), and an area of 500.96 sq.m. (5392.289 sq.ft.), on Part Lot 6, Plan 675, 42
BE GRANTED
Daniel Avenue, Kitchener, Ontario, , subject to the following conditions:
1. That the owners shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement
charges.
2. That the owners shall provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as
two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City’s Mapping Technologist.
3. That the owners shall pay to the City of Kitchener a cash-in-lieu contribution for park
dedication in the amount of $10,095.16, which is equal to 5% of the value of the lands to
be severed.
4. That the owners shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the severed
lands.
5. That the owners shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed lands and retained
lands, or otherwise receive relief from Engineering Services from this requirement.
6. That the owners shall prepare a Servicing Plan showing outlets to the municipal
servicing system to the satisfaction of Engineering Services, prior to endorsement of the
deed for the severed lands.
7. That the owners shall complete and submit the Development and Reconstruction As-
Recorded Tracking Form along with a digital submission of all AutoCAD drawings
required for the site (Grading, Servicing etc.) with the corresponding correct layer
names and numbering system, in accordance with the Public Sector Accounting Board
(PSAB) S. 3150, to the satisfaction of the City’s to Engineering Services, prior to
endorsement of the deed for the severed lands.
8. That the owners shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed and retained lands which shall
include the following:
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 307 -
Submission No.:
2. B 2015-055 (Cont’d)
a. That the owners shall prepare a Tree Preservation Plan for the severed lands in
accordance with the City’s Tree Management Policy, to be approved by the City’s
Director of Planning and where necessary, implemented prior to any grading,
tree removal or the issuance of building permits. Such plans shall include, among
other matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation to be preserved.
b. The owners shall further agree to implement the approved Plan. No changes to
the said Plan shall be granted except with the prior approval of the City’s Director
of Planning.
9. That the owners shall make arrangements, financial or otherwise, for the relocation of
any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles,
wires or lines, as required, to the satisfaction of the appropriate City department.
10. That the owner shall remove or relocate the existing retaining wall straddling the
proposed property line, as per the Plan submitted with the application, from the severed
lands to the retained lands. Should the relocation of the retaining wall require additional
grading in order to ensure that no resulting adverse impacts to the severed lands occur,
then all grading shall be completed to the satisfaction of the Chief Building Official and
Director of Engineering as appropriate.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 17, 2017.
Carried
Submission No.:
3. B 2015-056
Applicant:
Breymark Homes
Property Location:
11 and 13 Rauch Court
Legal Description:
Part Lot 6, Registered Plan 58M-535, being Parts 10 and 11 on
Reference Plan 58R-18308
Appearances:
In Support: K. Reycraft
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
so each half of a semi-detached residential development can be dealt with separately. The
severed land will have a width of 9.258m (30.374’), a southerly depth of 47.545m (155.987’), and
an area of 640.54 sq.m. (6894.715 sq.ft.). The retained land will have a width of 9.021m
(29.596’), a southerly depth of 49.282m (161.686’), and an area of 919.08 sq.m. (9892.895 sq.ft.).
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 308 -
Submission No.:
3. B 2015-056 (Cont’d)
The Committee considered the report of the Planning Division, dated November 6, 2015, advising
that the subject property is municipally addressed as 11 and 13 Rauch Court. The property is
zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the
City’s Official Plan. The lands are to be developed with a semi-detached dwelling, which is
currently under construction.
The applicant is requesting consent to sever the subject property into two lots to allow separate
ownership of each semi-detached unit. The severed lot would have a lot width of 9.258 metres, a
varying lot depth of 47.545 to 49.282 metres, and an area of 640.54 square metres. The retained
lot would have a lot width of 9.021 metres, a varying lot depth of 49.282 to 61.547 metres, and an
area of 919.08 square metres.
The proposed lot widths of 9.258 and 9.021 metres are measured form the required front yard
setback of 4.5 metres in accordance with Section 4 of Zoning By-law 85-1.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the
City’s Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Four Zone (R-4). The proposed severance conforms to the City’s Official Plan and the
configuration of the proposed lots can be considered appropriate for the use of the lands. The
proposed severance is required to create separate semi-detached dwelling units and allow
separate ownership of each.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 6, 2015, advising that they have no objection to this
application subject to the following condition:
1. That prior to final approval, the owner submit payment to the Region of Waterloo, the
Consent Application Review Fee of $350.00.
Mr. K. Reycraft advised that he was in attendance in support of the subject application and the
staff recommendation.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Breymark Homes requesting permission to sever a parcel of land so
each half of a semi-detached residential development can be dealt with separately. The
severed land will have a width of 9.258m (30.374’), a southerly depth of 47.545m (155.987’),
and an area of 640.54 sq.m. (6894.715 sq.ft.). The retained land will have a width of 9.021m
(29.596’), a southerly depth of 49.282m (161.686’), and an area of 919.08 sq.m. (9892.895
sq.ft.), on Part Lot 6, Registered Plan 58M-535, being Parts 10 and 11 on Reference Plan
BE GRANTED
58R-18308, 11 and 13 Rauch Court, Kitchener, Ontario, , subject to the
following conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement
charges.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as
two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City’s Mapping Technologist.
3. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the severed
lands and/or retained lands.
4. That the owner shall ensure that any new driveways are built to City of Kitchener
standards at the owner’s expense prior to occupancy of the building.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 309 -
Submission No.:
3. B 2015-056 (Cont’d)
5. That the owner shall provide a Servicing Plan and Grading Plan showing outlets to the
municipal servicing system to the satisfaction of the Director of Engineering Services.
6. That the owner shall provide Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers. If this is not the
case, then the owner would have to pump the sewage via a pump and forcemain to the
property line and have a gravity sewer from the property line to the street to the
satisfaction of the Director of Engineering Services.
7. That the owner shall submit a complete Development and Reconstruction As-Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the Director of Engineering Services.
8. That the owner shall submit payment to the Region of Waterloo, the Consent
Application Review Fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 17, 2017.
Carried
Submission No.:
4. B 2015-057
Applicant:
Breymark Homes
Property Location:
15 and 17 Rauch Court
Legal Description:
Part Lot 7, Registered Plan 58M-535, being Parts 12 and 13 on
Reference Plan 58R-18308
Appearances:
In Support: K. Reycraft
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
so each half of a semi-detached residential development can be dealt with separately. The
severed land will have a width of 8.572m (28.123’), a southerly depth of 67.309m (220.83’), and
an area of 478.50 sq.m. (5150.531 sq.ft.). The retained land will have a width of 8.572m
(28.123’), a southerly depth of 50.909m (167.024’), and an area of 418.84 sq.m. (4508.356 sq.ft.).
The Committee considered the report of the Planning Division, dated November 6, 2015, advising
that the subject property is municipally addressed as 15 and 17 Rauch Court. The property is
zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the
City’s Official Plan. The lands are to be developed with a semi-detached dwelling, which is
currently under construction.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 310 -
Submission No.:
4. B 2015-057 (Cont’d)
The applicant is requesting consent to sever the subject property into two lots to allow separate
ownership of each semi-detached unit. The severed lot would have a lot width of 8.572 metres, a
varying lot depth of 50.909 to 67.309 metres, and an area of 478.5 square metres. The retained
lot would have a lot width of 8.572 metres, a varying lot depth of 47.545 to 50.909 metres, and an
area of 418.84 square metres.
The proposed lot widths of 8.572 metres are measured form the required front yard setback of 4.5
metres in accordance with Section 4 of Zoning By-law 85-1.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the
City’s Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Four Zone (R-4). The proposed severance conforms to the City’s Official Plan and the
configuration of the proposed lots can be considered appropriate for the use of the lands. The
proposed severance is required to create separate semi-detached dwelling units and allow
separate ownership of each.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 6, 2015, advising that they have no objection to this
application subject to the following condition:
1. That prior to final approval, the owner submit payment to the Region of Waterloo, the
Consent Application Review Fee of $350.00.
Mr. K. Reycraft advised that he was in attendance in support of the subject application and the
staff recommendation.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Breymark Homes requesting permission to sever a parcel of land so
each half of a semi-detached residential development can be dealt with separately. The
severed land will have a width of 8.572m (28.123’), a southerly depth of 67.309m (220.83’),
and an area of 478.50 sq.m. (5150.531 sq.ft.). The retained land will have a width of 8.572m
(28.123’), a southerly depth of 50.909m (167.024’), and an area of 418.84 sq.m. (4508.356
sq.ft.), on Part Lot 7, Registered Plan 58M-535, being Parts 12 and 13 on Reference Plan
BE GRANTED
58R-18308, 15 and 17 Rauch Court, Kitchener, Ontario, , subject to the
following conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement
charges.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as
two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City’s Mapping Technologist.
3. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the (severed
lands and/or retained) lands.
4. That the owner shall ensure that any new driveways are built to City of Kitchener
standards at the owner’s expense prior to occupancy of the building.
5. That the owner shall provide a Servicing Plan and Grading Plan showing outlets to the
municipal servicing system to the satisfaction of the Director of Engineering Services.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 311 -
Submission No.:
4. B 2015-057 (Cont’d)
6. That the owner shall provide Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers. If this is not the
case, then the owner would have to pump the sewage via a pump and forcemain to the
property line and have a gravity sewer from the property line to the street to the
satisfaction of the Director of Engineering Services.
7. That the owner shall submit a complete Development and Reconstruction As-Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the Director of Engineering Services.
8. That the owner shall submit payment to the Region of Waterloo, the Consent
Application Review Fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 17, 2017.
Carried
COMBINED APPLICATIONS:
Submission Nos.:
1. B 2014-058, A 2015-081
Applicant:
Estate of David Schmidt
Property Location:
121 Walter Street
Legal Description:
Part Lot 9, Plan 387
- and -
Submission Nos.:
A 2015-082
Applicant:
2415624 Ontario Ltd.
Property Location:
125 Walter Street
Legal Description:
Part Lot 9, Plan 387
Appearances:
In Support: T. Rakic
P. Ballantyne
Contra: None
Written Submissions: None
The Committee was advised that the applicants are requesting permission to sever a parcel of
land from 121 Walter Street having a width of 0.68m (2.23’), a depth of 45.97m (150.820’), and an
area of 31 sq.m. (333.681 sq.ft.) to be conveyed as a lot addition to 125 Walter Street.
Permission is also being requested for minor variances to construct a semi-detached dwelling on
the severed land having an overall width of approximately 13.16m (43.175’), the semi-detached
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 312 -
Submission Nos.:
1. B 2015-058, A 2015-081 & A 2015-082 (Cont’d)
units will each have a lot width of 6.58m (21.587’) rather than the required 7.5m (24.606’); and, to
construct semi-detached dwellings on the retained land having an overall lot width of 13.16m
(43.175’) with each semi-detached unit having a lot width of 6.58m (21.587’) rather than the
required 7.5m (24.606’).
The Committee considered the report of the Planning Division, dated November 9, 2015, advising
that the subject properties are located on the west side of Walter Street between Glasgow Street
and Agnes Street. The properties are designated as Low Rise Conservation in the KW Hospital
Secondary Plan. Both properties are zoned as Residential Five (R-5) in the City’s Zoning By-law,
and 121 Walter Street is also subject to Special Regulation Provision 129U (which prohibits 3-unit
multiple dwellings).
The owners are proposing to sever a portion of 121 Walter Street measuring 0.680 metres wide,
45.968 metres long, with a lot area of approximately 31 square metres, and add it as a lot
addition to 125 Walter Street to create two identical lots, being 13.176 metres wide each.
Secondly, the owners are requesting minor variance applications for both 121 and 125 Walter
Street to permit a future semi-detached dwelling, with each semi-detached house having a lot
width of 6.588 metres, whereas 7.5 metres is required.
The applications are proposed to prepare the properties so that each can be redeveloped with
new semi-detached dwellings. The existing dwellings are proposed to be demolished.
Severance & Lot Addition:
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, the uses of the severed and retained parcels are in conformity with the
City’s Official Plan. The dimensions and shapes of the proposed lots are appropriate and suitable
for the proposed use, the lands front on an established public street, and adequate utilities and
municipal services are available.
The properties designated as Low Rise Conservation in the KW Hospital Secondary Plan are
proposed to be redeveloped with semi-detached dwellings which are compatible with the low rise
and low density residential character of the neighbourhood. Semi-detached duplex dwellings are
not permitted within the Residential Five Zone (R-5), meaning that the redevelopment is at the
same scale and density as existing permitted uses in the area. The proposed lot addition will
result in a more uniform lot configuration, and elevation drawings will be required prior to final
approval to ensure compatibility in height and scale.
Minor Variance Applications:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The requested variance meets the intent of the Official Plan. Properties designated as Low Rise
Conservation in the KW Hospital Secondary Plan are permitted to be redeveloped with residential
uses that are compatible with the low rise and low density residential character of the
neighbourhood. New semi-detached dwellings are permitted within the Low Rise Conservation
District. The proposed redevelopment is at the same scale and density as the existing and
permitted uses, meaning that the variances will permit two dwellings to be located on the property
side-by-side, rather than in a duplex arrangement. As a condition of approval of the associated
severance application, a Site Plan and elevation drawings are required prior to final approval to
ensure compatibility in height and scale of the new development. The Site Plan will also show
parking areas to ensure that driveway visibility triangles of 4.57 metres will be provided.
The requested variance meets the intent of the Zoning By-law. The intent of the minimum lot
width is to ensure that each semi-detached house can be fully accommodated on a property,
including required parking and amenity space. In this case, the lots are deep enough that amenity
space is being provided in the rear. The overall size of the proposed semi-detached dwellings will
be consistent with the existing single detached, duplex, and multiple dwellings along this section
of Walter Street. Parking is proposed to be located within garages, which will be set back from the
porch and front yard amenity space.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 313 -
Submission Nos.:
1. B 2015-058, A 2015-081 & A 2015-082 (Cont’d)
The requested variance is minor. As noted above, the density and scale of the proposed
developed is compatible with the existing built form in the neighbourhood and the redevelopment
is at the same density as currently permitted (2 dwelling units per lot).
The variance is appropriate for the development and use of the land. The redevelopment of these
properties will be sympathetic to the surrounding area and bring a new context appropriate unit
type to the neighbourhood.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 6, 2015, advising that they have no objection to application
B 2015-058 subject to the following condition:
1. That prior to final approval, the applicant will be required to enter into an agreement with
the Region of Waterloo to provide a noise warning clause and provision for air conditioning
in the offers to purchase, deeds or rental agreements for each unit. The noise warning
clause would read as follows:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on
King Street East may occasionally interfere with some activities of the dwelling
occupants as the levels exceed the sound level limits of the Region of Waterloo and
the Ministry of the Environment.”
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 30, 2015, advising that they have no concerns with applications A 2015-081 and A 2015-
082.
Mr. G. Stevenson noted that there was a clerical error in the recommendation as outlined in the
staff report for the consent application, noting it referenced B 2014-081 and it should have
indicated B 2015-058.
Messers T. Rakic and P. Ballantyne were in attendance in support of the subject applications and
the staff recommendation as amended.
Submission No. B 2015-058
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of the Estate of David Schmidt requesting permission to sever a parcel of
land having a width of 0.68m (2.23’), a depth of 45.97m (150.820’), and an area of 31 sq.m.
(333.681 sq.ft.) to be conveyed as a lot addition to 125 Walter Street, on Part Lot 9, Plan 387,
BE GRANTED
121 Walter Street, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement
charges.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as
two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City’s Mapping Technologist.
3. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include that
any subsequent conveyance of the parcel to be severed shall comply with Sections
50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy of
the registered Application Consolidation Parcels to the City Solicitor within a reasonable
time following registration.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 314 -
Submission Nos.:
1. B 2015-058, A 2015-081 & A 2015-082 (Cont’d)
5. That the owner shall provide confirmation that the rear portion of 125 Walter Street has
been consolidated with the front portion of said lot. Where confirmation cannot be
provided:
a. That the rear portion of the lands be added to the abutting front portion and title
be taken into identical ownership as the abutting lands. The deed for
endorsement shall include that any subsequent conveyance of the parcel to be
severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O.
1990, c. P.13, as amended.
b. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a
copy of the registered Application Consolidation Parcels to the City Solicitor
within a reasonable time following registration.
6. That the owner shall submit a Site Plan showing the location of the proposed semi-
detached dwelling on the lot and elevation drawings to the satisfaction of the Director of
Planning, illustrating that the proposed dwelling will be compatible with the
neighbourhood in terms of massing, scale and design, and that the drawings be
approved prior to the issuance of any building permit.
7. That the owner shall receive full and final approval of a Demolition Control Application
for the demolition of 121 Walter Street and 125 Walter Street.
8. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed lands which shall include the
following:
a. That the owner shall prepare a Tree Preservation Plan for the severed and
retained lands in accordance with the City’s Tree Management Policy, to be
approved by the City’s Director of Planning and where necessary, implemented
prior to any grading, tree removal or the issuance of building permits. Such plans
shall include, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved.
b. The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City’s Director of
Planning.
9. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the (severed
lands and/or retained) lands.
10. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the (severed lands and/or
retained) lands.
11. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the removal of any redundant service connections to the
(severed lands and/or retained) lands.
12. That as per the Public Sector Accounting Board (PSAB) S. 3150 the owner shall
complete and submit a Development and Reconstruction As-Recorded Tracking Form is
required to be filled out and submitted along with a digital submission of all AutoCAD
drawings required for the site (Grading, Servicing etc.) with the corresponding correct
layer names and numbering system to the satisfaction of the Engineering Division prior
to severance approval.
13. That the owner shall enter into an agreement with the Region of Waterloo to provide a
noise warning clause and provision for air conditioning in the offers to purchase, deeds
or rental agreements for each unit. The noise warning clause would read as follows:
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 315 -
Submission Nos.:
1. B 2015-058, A 2015-081 & A 2015-082 (Cont’d)
“Purchasers/tenants are advised that sound levels due to increasing road traffic
on King Street East may occasionally interfere with some activities of the
dwelling occupants as the levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment. This dwelling unit has been
designed with the provision for adding central air conditioning at the occupant’s
discretion.”
14. That the owner shall receive final approval of Minor Variance Application A 2015-081.
15. That the owner shall receive final approval of Minor Variance Application A 2015-082.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 17, 2017.
Carried
Submission No. A 2015-081
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of the Estate of David Schmidt requesting permission to construct a semi-
detached dwelling on the subject property having an overall lot width of 13.176m (43.228’),
with each semi-detached unit having a lot width of 6.58m (21.587’) rather than the required
BE
7.5m (24.606’), on Part Lot 9, Plan 387, 121 Walter Street, Kitchener, Ontario,
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
Submission No. A 2015-082
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of 2415624 Ontario Ltd. requesting permission to construct a semi-
detached dwelling on the subject property having an overall lot width of 13.176m (43.228’),
with each semi-detached unit having a lot width of 6.58m (21.587’) rather than the required
BE
7.5m (24.606’), on Part Lot 9, Plan 387, 125 Walter Street, Kitchener, Ontario,
APPROVED.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 316 -
Submission Nos.:
1. B 2015-058, A 2015-081 & A 2015-082 (Cont’d)
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
Submission Nos.:
2. B 2015-059 and A 2015-084
Applicant:
Justin Fabian
Property Location:
196 Woolwich Street
Legal Description:
Part Lots 59 and 124, German Company Tract, being Parts 1 to 12
on Reference Plan 58R-4721
- and -
Submission No.:
A 2015-083
Applicant:
Emil and Daniela Burca
Property Location:
192 Woolwich Street
Legal Description:
Part Lot 124, German Company Tract
Appearances:
In Support: E. Burca
K. Hillis
Contra: None
Written Submissions: None
The Committee was advised that the applicants are requesting permission to sever a parcel of
land from 196 Woolwich Street having a width of 9.43m (30.938’), a depth of 97.53m (319.98’),
and an area of 0.097 hectares to be conveyed as a lot addition to the abutting property
municipally addressed as 192 Woolwich Street. Permission is also being requested for a minor
variance for the severed land (196 Woolwich Street) to have a lot area of 4.46 hectares, whereas
the By-law permits a maximum lot area of 1.2 hectares; and, for the property municipally
addressed as 192 Woolwich Street to have a lot width of 57.41m (188.353’) rather than the
required 60m (196.850’).
The Committee considered the report of the Planning Division, dated November 5, 2015, advising
that the subject property municipally addressed as 196 Woolwich Street is developed with a
single detached dwelling. The lands have frontage on Woolwich Street (no access), Sunbridge
Crescent and Carisbrook Drive. Through Consent Application B 2015-059, the applicant is
requesting permission to sever a parcel of land having a width on Woolwich Street of 9.43 metres
and a lot area of 970 square metres, to be conveyed as a lot addition to the adjacent property at
192 Woolwich Street. The applicants have advised that the strip of land that is proposed to be
severed functioned as a corridor for a hydro line into 196 Woolwich Street. The hydro line has
since been decommissioned and brought into the property from a different location. As such, the
strip of land is no longer required or of any value to 196 Woolwich Street.
The applicant for 196 Woolwich Street is also requesting a variance through Minor Variance
Application A 2015-084 to permit a single detached dwelling on a lot which has a lot area of 4.46
hectares whereas Section 34.3.2 of the Zoning By-law requires a maximum lot area of 1.2
hectares.
In addition, as a result of the proposed consent application, the applicant for 192 Woolwich Street
is requesting a variance through Minor Variance Application A 2015-083 to permit a lot width of
57.41 metres whereas Section 34.3.2 of the Zoning By-law requires a lot width of 60 metres.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
- 317 -
Submission Nos.:
2. B 2015-059, A 2015-083 & A 2015-084 (Cont’d)
Both properties are zoned Agricultural Zone (A-1) in the City’s Zoning By-law and designated Low
Rise Residential in the City’s Official Plan. Staff also notes that the rear portion of 196 Woolwich
has Special Regulation Provision 1R, where a permit from the Grand River Conservation
Authority will be required for any development of any land, interference with wetlands or
alterations to shorelines or watercourses.
Consent Application B 2015-059 – 196 Woolwich Street:
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and
appropriate as a lot addition to the adjacent lot at 192 Woolwich Street. The configuration of the
severed lot and resultant lot (subsequent to the lot addition) can be considered suitable for the
development of the uses permitted in the Zoning. The proposed consent application is consistent
with the Provincial Policy Statement (PPS) issued under Subsection 3 (1) of the Act, and
conforms to, or does not, conflict with any applicable Provincial Plan or Policy. As such, Planning
staff recommends that the application for consent be approved with conditions.
Minor Variance Application A 2015-084 - 196 Woolwich Street:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The Low Rise Residential designation in the City’s Official Plan encourages a range of low
density housing types to achieve and maintain a low-rise built form. It is staff’s opinion that the
proposed variance will continue to meet the intent of the Official Plan.
The subject lands are zoned Agricultural Zone (A-1) in the Zoning By-law. The intent of the
maximum lot area regulation of 1.2 ha is to ensure that viable agricultural lands are not reduced
by the creation of oversized residential lots. However, it is anticipated that these lands are not
proposed for agricultural use as they are not commercially viable agricultural lands. In addition,
staff notes that a significant portion of the subject lands is below the floodline, therefore making a
large portion of the property over the maximum 1.2 ha undevelopable as a result. It is staff’s
opinion that the minor variance request meets the intent of the Zoning By-law.
It is staff’s opinion that the minor variance request for a reduced lot area will not cause an impact
on the subject property or the surrounding neighbourhood. The area is slowly transitioning and
redeveloping with a mixture of housing types along Woolwich Street and Sunbridge Crescent.
Further, is it is staff’s opinion that the requirement related to a maximum lot area is no longer
sustainable for this area of transition. As such, the proposed variance can be considered minor
and appropriate for the development and use of the lands.
Minor Variance Application A 2015-083 - 192 Woolwich Street:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The Low Rise Residential designation in the City’s Official Plan encourages a range of low
density housing types to achieve and maintain a low-rise built form. It is staff’s opinion that the
proposed variance will continue to meet the intent of the Official Plan.
The minimum lot width regulation anticipates that a lot meant for agricultural purposes (with a
minimum area of 4,000 square metres) should likely be not less than 60 metres in width,
assuming a regular lot configuration. The request for a reduced lot width is required due to the
unique configuration of the subject property. The lot width is narrower at the street frontage and
expands towards the rear of the property. It is staff’s opinion that the request for a reduced lot
width meets the intent of the Zoning By-law.
It is staff’s opinion that the requested minor variance for the reduced lot width is necessary due to
the unique shape of the property and will not cause any impacts to the subject lands or
surrounding neighbourhood. As such, it is staff’s opinion that the proposed variances are minor
and appropriate for the development and use of the lands.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 6, 2015, advising that they have no objection to application
B 2015-059.
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission Nos.:
2. B 2015-059, A 2015-083 & A 2015-084 (Cont’d)
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 30, 2015, advising that they have no concerns with applications A 2015-081 and A 2015-
082.
The Committee considered reports of the Grand River Conservation Authority (GRCA) dated
November 9, 2015 and November 10, 2015, advising that although they have no concerns with
applications B 2015-059, A 2015-084 and A 2015-085, they encourage the applicants to contact
the GRCA to discuss potential permit requirements prior to proceeding with the demolition of the
existing structures and redevelopment of the subject properties.
Messrs E. Burca and K. Hillis were in attendance in support of the subject applications. Mr. Hillis
requested reconsideration of Condition 4 of the staff recommendation, stating in his opinion, the
condition is onerous for a road widening that ultimately will be conveyed to the City.
Ms. J. von Westerholt advised that the condition is a standard condition when the City is receiving
a road widening. She noted that a Phase 1 Environmental Site Assessment (ESA) is a historical
review of the parcel and is not significantly onerous. She noted that the applicant would not be
required to complete a Phase II ESA unless the Phase I revealed concerns with the subject
parcel. She noted the Region of Waterloo impose a similar condition in development applicants to
ensure that the lands are free of contaminants prior to them being conveyed.
In response to questions, Ms. von Westerholt advised that if it was determined that remediation of
the parcel was required prior to it being conveyed to the City and the applicant did not want to
proceed with the work due to the cost, the applicant would have two options: abandoning the
application and letting the decision lapse, or returning back to the Committee to potentially
request a Change of Condition application.
Mr. Hillis indicated if it was a Policy to require the condition on all development applications, he
had no objection to the Condition being imposed.
Submission No. B 2015-059
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Justin Fabian requesting permission to sever a parcel of land having a
width of 9.43m (30.938’), a depth of 97.53m (319.98’), and an area of 0.097 hectares to be
conveyed as a lot addition to the abutting property municipally addressed as 192 Woolwich
Street, on Part Lots 59 and 124, German Company Tract, being Parts 1 to 12 on Reference
BE GRANTED
Plan 58R-4721, 196 Woolwich Street, Kitchener, Ontario, , subject to the
following conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement
charges.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as
two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City’s Mapping Technologist.
3. That the owner shall convey to the City of Kitchener, without cost and free of
encumbrance, a road widening along the severed property's street frontage (Woolwich
Street). In addition, the owner shall prepare a Reference Plan in order to determine the
exact extent of the road widening to be conveyed, to the satisfaction of the Director of
Transportation Services.
4. The owner shall prepare and pay for the completion of a Phase I and, if required by the
City’s Director of Engineering Services, a Phase II Environmental Site Assessment
(ESA) for the portion of the lands being dedicated to the City of Kitchener for a road
widening, to the satisfaction of the City’s Engineering Services
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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Submission Nos.:
2. B 2015-059, A 2015-083 & A 2015-084 (Cont’d)
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 17, 2017.
Carried
Submission No. A 2015-083
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Emil and Daniela Burca requesting permission to have a lot width of
57.41m (188.353’) rather than the required 60m (196.850’), on Part Lot 124, German Company
BE APPROVED.
Tract, 192 Woolwich Street, Kitchener, Ontario,
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
Submission No. A 2015-084
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Justin Fabian requesting permission to have a lot area of 4.46 hectares,
whereas the By-law permits a maximum lot area of 1.2 hectares, on Part Lots 59 and 124,
German Company Tract, being Parts 1 to 12 on Reference Plan 58R-4721, 196 Woolwich
BE APPROVED.
Street, Kitchener, Ontario,
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
COMMITTEE OF ADJUSTMENT NOVEMBER 17, 2015
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ADJOURNMENT
On motion, the meeting adjourned at 11:00 a.m.
Dated at the City of Kitchener this 17th day of November, 2015.
Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment